Short questions related to the Humanitarian and Compassionate Considerations

[alex_tim]

Hello!
There are two questions related to this application - Humanitarian and Compassionate Considerations (https://www.canada.ca/en/immigratio...umanitarian-compassionate-considerations.html)

1. The application goes along with a processing fee (it is ~1K CAD), the question is - in case the application has been refused does it mean by any chance that fee is going to be refunded as well?
2. Once a candidate has applied the application for processing, the question is - can the candidate travel abroad (eg: to the US)? I heard that someone say once you have applied you are not allowed to go out of Canada, whereas others say that it doesn't really matter.

Thanks

 

[Buletruck]

Hello!
There are two questions related to this application - Humanitarian and Compassionate Considerations (https://www.canada.ca/en/immigratio...umanitarian-compassionate-considerations.html)

1. The application goes along with a processing fee (it is ~1K CAD), the question is - in case the application has been refused does it mean by any chance that fee is going to be refunded as well?
2. Once a candidate has applied the application for processing, the question is - can the candidate travel abroad (eg: to the US)? I heard that someone say once you have applied you are not allowed to go out of Canada, whereas others say that it doesn't really matter.

Thanks

1) No, there is no refund. The $1,000 is to process the application regardless of the outcome. Just like a TRV, you have to pay to play.
2) Yes you can leave and the application process will continue. However, based on the type of application you are talking about, leaving the country doesn't necessarily support the premise of the application. The other consideration is that if you leave, their is no obligation for CBSA to let you back in. You might find yourself stuck outside Canada, with no option to return.

 

[alex_tim]

1) No, there is no refund. The $1,000 is to process the application regardless of the outcome. Just like a TRV, you have to pay to play.
2) Yes you can leave and the application process will continue. However, based on the type of application you are talking about, leaving the country doesn't necessarily support the premise of the application. The other consideration is that if you leave, their is no obligation for CBSA to let you back in. You might find yourself stuck outside Canada, with no option to return.

thanks for your response! Yep, it makes sense
However, I am not sure if I got the second point, but the candidate here on the rights of Work Permit, doesn't it mean that they are allowed to come back to Canada?

 

[Buletruck]

thanks for your response! Yep, it makes sense
However, I am not sure if I got the second point, but the candidate here on the rights of Work Permit, doesn't it mean that they are allowed to come back to Canada?

Again, CBSA determines at the point of entry whether you get entry. Having a visa, WP or Student Visa doesn't guarantee entry. Only citizens and PRs hold the right to entry. Everyone else can be turned away at CBSA discretion.

 

[scylla]

Hello!
There are two questions related to this application - Humanitarian and Compassionate Considerations (https://www.canada.ca/en/immigratio...umanitarian-compassionate-considerations.html)

1. The application goes along with a processing fee (it is ~1K CAD), the question is - in case the application has been refused does it mean by any chance that fee is going to be refunded as well?
2. Once a candidate has applied the application for processing, the question is - can the candidate travel abroad (eg: to the US)? I heard that someone say once you have applied you are not allowed to go out of Canada, whereas others say that it doesn't really matter.

Thanks

1. No refund
2. Applicant needs to stay in Canada without leaving if they want there to be any chance of the application being approved.

 

[scylla]

thanks for your response! Yep, it makes sense
However, I am not sure if I got the second point, but the candidate here on the rights of Work Permit, doesn't it mean that they are allowed to come back to Canada?

You'll be allowed to re-enter Canada but your argument under H&C will be significantly weakened.